Under 21, DUI w/injury - CA

[nezahualcoyotl]

What is the name of your state? California.

Facts:
Driver is under 21.
Crashed into another vehicle where one of the occupants was injured (not sure of the severity).
Vehicle has insurance.
Driver was never formally booked.
Driver was taken to hospital for check of injuries.
Driver had blood removed while in the hospital. (not sure of BAC.)
Driver is a resident of Arizona.
Passenger is over 21 with 1 previous DUI.
Passenger was not injured.

What are the possible scenarios for both driver and passenger?

[Shay-Pari'e]

Depends on the BAC.

[nezahualcoyotl]

I know it was definitely over .08, but is there another threshold limit like .20?

Also, I (the passenger) was taking pictures of both vehicles and the scene of the accident. The officers threatened to arrest me for public intoxiaction if I didn't stop taking pictures with my cell phone. We can only benefit from the pictures correct?

TIA.

[Shay-Pari'e]

[quote=nezahualcoyotl]I know it was definitely over .08, but is there another threshold limit like .20? HUH? What do you mean another threshold?

He is a minor with a DUI that caused bodily injury. That is where he stands.

Also, I (the passenger) was taking pictures of both vehicles and the scene of the accident. The officers threatened to arrest me for public intoxiaction if I didn't stop taking pictures with my cell phone. We can only benefit from the pictures correct? How would you benefit, other than looking back at them and learning a lesson from them?

[nezahualcoyotl]

How about the passenger (myself)? Is there any possible type of legal problems that I can face by being the passenger? They took my statements because i was the only one not hurt. I was truthful. Just concerned because I have a previous DUI 3 years ago.

[BigMistakeFl]

I don't see how anything could be done to penalize you, no. You will most likely be called as a witness by the prosecution, and you must comply.

As for your friend the driver, research the penalties. There may be a set of minimum penalties which could be the sentence, but that can change in some states once the BAC goes over twice the legal limit.

[CdwJava]

Originally Posted by nezahualcoyotl

How about the passenger (myself)? Is there any possible type of legal problems that I can face by being the passenger? They took my statements because i was the only one not hurt. I was truthful. Just concerned because I have a previous DUI 3 years ago.

Unless you are on probation or were arrested for public intoxication, you are not likely to face criminal charges.

As for your friend, he can likely kiss his license bye-bye for a year or more. And the threshold for under 21 is .01 BAC ... with a BAC of .08 or higher he's going to have to make a good plea deal.

He potentially faces county jail and lots of hefty fines and counseling - as well as the loss of his license.

- Carl

[nezahualcoyotl]

My 3 year informal probation ends at the end of 2005. So, I guess i'm screwed too?

[CdwJava]

Originally Posted by nezahualcoyotl

My 3 year informal probation ends at the end of 2005. So, I guess i'm screwed too?

Only if your probation included stipulations against ANY alcohol consumption. Even then, unless they obtained some kind of a test from you, I doubt that they will care.

You should know better, though.

- Carl

[nezahualcoyotl]

Yes, we know we messed up. We just hope the person in the other vehicle is doing good.

Would it be better for my friend to go back to AZ or just stay in CA? Is there any possible way they can make my friend do the jail time, classes or community service in AZ?

[CdwJava]

Originally Posted by nezahualcoyotl

Would it be better for my friend to go back to AZ or just stay in CA? Is there any possible way they can make my friend do the jail time, classes or community service in AZ?

He should stay at least through court. However, he can expect to do his probation and time here. If he cannot, then he may be in custody and not have the option of community service. It is not too likely that he will be permitted to do his service or probation in AZ.

- Carl

[nezahualcoyotl]

Thanks again Carl.

What are the possible sentences for my friend? The accident occured in LA county. Do you know what are norms for this type of case as far as penalties.

TIA.

[CdwJava]

Originally Posted by nezahualcoyotl

Thanks again Carl.

What are the possible sentences for my friend? The accident occured in LA county. Do you know what are norms for this type of case as far as penalties.

TIA.

I couldn't guess as to the specific penalties. There are too many variables.

he needs to consult an attorney.

- Carl

[nezahualcoyotl]

My friend was never issued a ticket because they took my friend in a stretcher and couldn't do a field sobriety because of a leg injury. They just drew blood and never finger printed or taken a mug shot, or put in a holding cell. Will this happen after a plea is put in? I know it probably doesn't matter that none of that happened, but is the police report the main source of information to give to an attorney?

TIA.

[CdwJava]

Originally Posted by nezahualcoyotl

My friend was never issued a ticket because they took my friend in a stretcher and couldn't do a field sobriety because of a leg injury. They just drew blood and never finger printed or taken a mug shot, or put in a holding cell. Will this happen after a plea is put in? I know it probably doesn't matter that none of that happened, but is the police report the main source of information to give to an attorney?

The police report and witness statements will be the main sources of information ... plus any medical info such as toxicology screens.

After his plea is accepted at arraignment, an attorney will be assigned if he cannot afford one and a preliminary hearing will be set. Before the preliminary hearing he may be required to be printed and photographed as well.

- Carl